Opinion issued October 13, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00763-CR
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DONOVAN DWIGHT SIMMS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Case No. 1056045
MEMORANDUM OPINION
Appellant, Donovan Dwight Simms, pleaded guilty without an agreed
recommendation as to punishment to the felony offense of aggravated robbery with
a deadly weapon. On June 7, 2006, the trial court issued its judgment finding
appellant guilty and sentencing him to 15 years’ imprisonment. Appellant did not
appeal his conviction. Appellant subsequently filed applications for writs of habeas
corpus that have been either denied or dismissed by the Court of Criminal Appeals.
See, e.g., Ex parte Simms, No. WR–68,174–03, 2015 WL 1014876, at *1 (Tex.
Crim. App. Mar. 4, 2015) (order, not designated for publication).
On May 29, 2015, appellant filed a “Petition for Production and Inspection
of Grand Jury Proceedings and/or Testimony.” On August 4, 2015, appellant filed
a “Motion to Dismiss Indictment for Improper Grand Jury Proceedings.” On
August 21, 2015, appellant filed a notice of appeal claiming that his post-
conviction petition for production and motion to dismiss the indictment were
denied by operation of law. We dismiss the appeal for lack of jurisdiction.
The relief sought by appellant can only be granted by a post-conviction writ
of habeas corpus. Only the Texas Court of Criminal Appeals has jurisdiction in
final post-conviction felony proceedings, which are governed by Article 11.07 of
the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07
(West Supp. 2014); Olivo v. State, 918 S.W.2d 519, 525 n. 8 (Tex. Crim. App.
1996); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715,
717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). “Courts of appeals
have no jurisdiction over post-conviction writs of habeas corpus in felony cases.
Article 11.07 contains no role for the courts of appeals.” In re Briscoe, 230 S.W.3d
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196, 196 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (internal
citations omitted). Because appellant’s felony conviction became final in 2006 and
appellant has filed post-conviction habeas applications, this is a final post-
conviction felony proceeding and we have no jurisdiction over the appeal. See
Harper v. State, No. 01–14–00576–CR, 2014 WL 4723274, at *1 (Tex. App.—
Houston [1st Dist.] Sept. 23, 2014, no pet.) (mem. op., not designated for
publication) (dismissing appeal of final post-conviction felony proceedings for lack
of jurisdiction); Medina v. State, No. 01–14–00117–CR, 2014 WL 1494304, at *1–
2 (Tex. App.—Houston [1st Dist.] April 15, 2014, no pet.) (mem. op., not
designated for publication) (same).
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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